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<br />those laws, including, but not limited to, 29 CFR part 37. The United States, the State of California
<br />and CITY have the right to seek judicial enforcement of this assurance.
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<br />H. CONTRACTOR agrees that no participant(s) shall commence training prior to the
<br />approval of funding pursuant to Section 123 of the Act.
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<br />r. CONTRACTOR agrees to maintain such records and submit such reports, data and
<br />information, on the form and containing such information, at such times as CITY may request or
<br />require regarding the performance of CONTRACTOR'S services or activities, costs or other data,
<br />including but not limited to, participants' attendance, payroll records and job duty statements.
<br />
<br />CITY, the State of California and the United States government and/or their
<br />representatives shall have access for purposes of monitoring, auditing and examining of
<br />CONTRACTOR'S activities, performance, books, documents, papers, and records of CONTRACTOR
<br />subcontractors, bookkeepers and accountants, and employees and participants related to this
<br />Agreement. Such agencies or representatives shall also schedule on-site monitoring in their discretion.
<br />Monitoring activities may also include, but are not limited to, questioning employees and participants
<br />and entering any premises or onto any site in which any of the services or activities funded hereunder
<br />are conducted or in which any of the records of CONTRACTOR are kept. Nothing herein shall be
<br />construed to require access to any privileged or confidential information as set forth in federal or state
<br />law.
<br />In the event CONTRACTOR does not make the above-referenced documents available
<br />within the City of Santa Ana, California, CONTRACTOR agrees to pay all necessary and reasonable
<br />expenses incurred by CITY in conducting any audit at the location where said records and books of
<br />account are maintained.
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<br />All accounting records and evidence pertaining to all costs of CONTRACTOR and all
<br />documents related to this Agreement shall be kept available at CONTRACTOR'S office or place of
<br />business for the duration of this Agreement and thereafter for three (3) years after completion of an
<br />audit. Records which relate to (a) complaints, claims, administrative proceedings or litigation arising
<br />out of the performance of this Agreement, or (b) costs and expenses of this Agreement to which CITY,
<br />the State of California or the United States Government take exception, shall be retained beyond the
<br />three (3) years until resolution of disposition of such appeals, litigation, claims, or exceptions.
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<br />J. Without prejudice to any other section of this Agreement, CONTRACTOR
<br />shall, where applicable, maintain the confidential nature of information provided to it concerning
<br />participants in accordance with the requirements of federal and state law. Notwithstanding the
<br />foregoing, CONTRACTOR agrees to submit to CITY, the State of California and/or the United States
<br />Government or their representatives, all records requested for administrative purposes, including
<br />audits, examinations, monitoring and verification of records submitted by CONTRACTOR, costs
<br />incurred and services rendered hereunder.
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<br />K. CONTRACTOR agrees to complete in triplicate, a monthly InvoiceNoucher on
<br />CITY's InvoiceNoucher form, showing in detail the amount of money expended by CONTRACTOR
<br />hereunder. CONTRACTOR agrees to submit the above-stated document to the WIB Administrative
<br />Office, 1000 East Santa Ana Blvd., Suite 200, Santa Ana, California, 92701, by the tenth (10th) day of
<br />the month following the month in which CONTRACTOR'S services are performed. Should
<br />CONTRACTOR fail to deliver said documents to CITY, CITY shall have the option to cancel this
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